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HomeMy WebLinkAbout08/12/1998 - Special Minutes City CouncilcIrY OF COLLEGE STATION Mayor Lynn Mcllhaney Mayor Pro Tempore David Hickson City Manager George K. Ncc City Council Sieve Esmond Ron Silvia Swiki Anderson Larry Madott Anne Hazen MINUTES COLLEGE STATION CITY COUNCIL Special Meeting Wednesday, August 12, 1998 at 12:00 noon City Hall Council Chambers COUNCILMEMBERS PRESENT:Mayor McIlhaney, Mayor Pro Tem Hickson, Councilmembers Mariott, Silvia, Anderson, Esmond, Hazen STAFF PRESENT: City Manager Ncc, City Attorney Cargill, Jr., City Secretary Hooks, Assistant City Manager Brymer Mayor McIlhaney called the meeting to order at 12:10 p.m Agenda Item No. 1 -- Discussion and possible action regarding the appointment and evaluation of public official Swiki Anderson regarding C.F. Jordan and Prodigene Proiect Development and Tax Abatement agreements and possible violations of Section 131 of the City Charter. Mayor McIlhaney called this meeting to address possible charter violations in regards to Councilman Andersons' possible dealing with a local company in terms of mechanical work. This company has a contract with the City ofCollege Station. She stated that his written request implies that all meetings on this subject be made in open session. Mr~ Anderson insisted that the discussions be held in open sessions. Mayor Mcllhaney asked the City Attorney to explain the difference between the grand jury result and the charter provision. Prior to his explanation, City Attorney Cargill, Jr. asked Mr. Anderson to clarify his intent to discuss this matter publicly. Mr. Anderson responded that he is aware of the option to discuss this matter in executive session, but he opted to discuss this matter in a public meeting. Mr. Cargill provided the following explanation. On April 9th, the City Council approved for economic development, a project involving C.F. Jordan and Prodigene. As part of the contract, the City gave 8 years of tax abatement and approximately $55,000 of economic development assistance. Also in the Council Special 8/12/98 Page 2 package, the City will consider at its next meeting, a 380 grant to allow C.F. Jordan to pave the entryway. The closing on the property to transfer the land to C.F. Jordan was approximately two weeks ago. Involved in this particular situation, reports began to surface that Mr. Anderson was the mechanical contractor on the project. The grand jury investigation related to any criminal violation due to his involvement. One of the critical issues for a grand jury investigation is to determine whether or not Mr. Anderson had any benefit prior to voting on the item, April 9th. As a result, the grand jury has no-billed Mr. Anderson from any criminal violations. On the other hand, the issue before the City Council relates to the City Charter Section 131 which absolutely prohibits a council- member from having any financial interest, direct or indirect, in any contract with the city. If he willfully violated this provision, the councilmember shall forfeit his position. Mr. Cargill continued to explain that the city's charter provision is not unusual, over 200 home rule cities have charters with similar provisions. It is based on "biblical, absolute prohibition that while serving as a councilmember, you must dedicate yourself to serqing the public interest only". At this time, the council issue is different from what was reviewed by the grand jury. Councilman Esmond stated that he did not clearly understand the difference. He indicated that the grand jury did not have evidence to bring charges. He asked Mr. Cargill to produce any evidence the city has that the charter provision was violated. Mayor Mcllhaney responded that the grand jury files have not been released. The Council is responding to public comments that Mr. Anderson may have had a contract with C.F. Jordan to perform the mechanical work. Mr. Cargill also responded that he did not know if the grand jury found that Mr. Anderson had a contract or not. The files are sealed at this point. Furthermore, as referred to in Mr. Anderson's letter, it may be possible to obtain some of the information from the District Attorney's office and Mr. Cargill believed this should be the appropriate step to take. Councilman Mariott made a motion to instruct the City Attorney to file the necessary paperwork to request the grand jury report. Councilman Silvia seconded the motion. Mayor Mcllhaney emphasized the importance of resolving this situation quickly for the public's best interest and Mr. Anderson's best interest. Councilman Mariott made an amendment to his motion to include the council utilize its power to subpoena records from C.F. Jordan on the Prodigene project. Mr. Silvia seconded. Councilman Anderson stated that he has been counseled from several persons to move forward and encourage the council to accept the grand jury no-bill. However, he noted Council Special 8/12/98 Page 3 that this proceeding is a trial and the judicial proceedings that accompany a trial should be adhered to. He noted that he will seek due process. He directed his attorneys to comment on this matter. John Hampton, attorney for Mr. Anderson, addressed the council. He urged the City Council to accept the evaluation and investigation of the grand jury. He noted that an investigation by this council would take a significant amount of time. Mr. Hampton stated that there is no real difference between the grand jury investigation and the possible charter violation in practical terms. In the event the City Council decided to conduct its own investigation, he also requested due process. Councilman Anderson remarked that he has not done anything wrong and has nothing to hide. Mayor Mcllhaney hoped that the council will accept the grand jury recommendations, if the records do not show any evidence of wrong doing. She felt the council does have an obligation to the community to ensure that the evidence is seen by the council before a final decision is made. Councilman Silvia concurred with the Mayor's comments. He stated that it is important for the council to see the information to erase any "cloud of suspicion". Then, council can move forward. Kyle Davis, attorney for Mr. Anderson, commented that an ongoing investigation would continue to break down the productivity of the council. Councilman Esmond commented that the grand jury investigated whether or not there was a benefit by Mr. Anderson prior to the vote on April 9th. Mr. Cargill confirmed that the economic development agreement was signed by all parties, the City, C.F. Jordan, and Prodigene. Councilman Esmond made an amendment to the motion to broaden the investigation to include all related matters. Motion seconded by Councilman Anderson which failed 2-5. Mr. Hampton suggested that Mr. Esmond's motion might include any prior discussion by council of investigating Mr. Anderson would be considered a related matter. Vote on the second amendment to the motion. FOR: Anderson, Esmond AGAINST: Mcllhaney, Silvia, Hazen, Hickson, Mariott Mr. Cargill restated the charter provision, Section 131. Council Special 8/12/98 Page 4 Councilman Esmond urged council to accept the grand jury no-bill. He emphasized the importance of cooperating with each other and working together on important business of the city. He added that this motion indicates the opposite of moving the city forward. Mayor Pro Tem Hickson reminded council that each public official takes an oath to defend the charter and ordinances of this city. This investigation is to ensure that he has not violated the oath and the only way to do that is to bring forth the facts to this council. Councilman Esmond responded to Mr. Hickson's remarks by stating that this investigation will set a bad precedent. Discussion concluded with a remark by Councilman Anderson in which he asked council to proceed, but offer him the opportunity to have those who accuse him stand before him. Vote was taken on the amended motion to proceed with subpoena of C.F. Jordan files in the event the grand jury files are not available carried 5-1-1. FOR: McIlhaney, Hickson, Mariott, Silvia, Hazen AGAINST: Esmond ABSTA1N: Anderson Vote on the original motion to direct staffto prepare necessary paperwork to request grand jury files on this matter passed 5-1-1. FOR: McIlhaney, Hickson, Mariott, Silvia, Hazen AGAINST: Esmond ABSTAIN: Anderson The meeting was adjourned at 12:40 p.m. PASSED AND APPROVED this 8t~h day of October, 1998. ATTES'i: City Secretm3, Co~.nie Hooks APPROVED: Maydr Lynn Mcllhaney GUEST REGISTER SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, AUGUST 12, 1998 12:00 P.M. 17.